Terms and Conditions
Effective date: [03/16/2022]
The following are terms and definition that applies to all our agreement including our Terms and Conditions, Privacy Statement and any or all Agreements
- User: means the person accessing this site or on behalf of an entity and accepting these terms of condition and may be referred to as “You” hereafter.
- Account: means an individual personified account registered in the name of a user and which contains all of the user’s transactions/ operations on this website.
- Operations: means actions performed on the user account, following an order placed by such user, connected with but not limited to order, delivery, refunds, logistics, dispute arbitration, and so on.
- Services: means all provisions in general that you get through your subscription and all other provision you enjoyed from us.
Any usage of any of the above definition in the singular, plural, capitalization is taken interchangeably and therefore have the same meaning.
BY CHECKING THE “I AGREE” BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (EG, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TERMS OF SERVICE ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.
You are not required to establish an account to place an order or purchase a product on www.aofithealth.com. However, you may be required to create an account to access certain services or areas of the website. If you choose to create an account, please note that your password is for your personal use only. Safeguard your account password and do not allow anyone else to access the website using your account. AOFIT is not responsible for any loss resulting from any unauthorized use of your account. We reserve the right to terminate your account and/or your access to the website at any time, for any reason or no reason. You agree that AOFIT shall not be liable to you or any third party for any termination of your access to your account on the website.
INTELLECTUAL PROPERTY RIGHTS
It is expressly prohibited to reproduce, distribute, modify, transfer, communicate or make available to the public, extract, reuse, resend and in any other manner use by any means the website or any of the parts or elements thereof (including, but not limited to text, design, graphics, information, data, archives, sound files and/or images, logos, etc.), unless the holder of the relevant rights (either AOFIT or its third party) has provided its prior written authorization or if it is permitted by law. The breach of these obligations may constitute a violation of the intellectual or industrial property rights and other applicable laws.
Users must not use any part of the information, content, or material on the website for commercial purposes without obtaining a license to do so from AOFIT or its licenses.
Provided that they are not obtained or used for commercial or professional purposes but private purposes only and pin accordance with that established in the applicable legislation, users may view and obtain temporary individual copies of the information, materials, and content of the website in their computer systems (hardware and software).
LICENSE AND SITE ACCESS
AOFIT grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AOFIT. You may not use any meta tags or any other “hidden text” utilizing AOFIT’s name or trademarks without the express written consent of AOFIT. Any unauthorized use terminates the permission or license granted by AOFIT. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of AOFIT so long as the link does not portray AOFIT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AOFIT logo or other proprietary graphic or trademark as part of the link without express written permission.
You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. If you submit an order for goods via this site by clicking the ‘Checkout’ button, your order is an offer to us to buy the products you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated mail accepting your order. With this mail, the contract will be concluded.
The contract will relate only to those specific goods which are referred to in our mail confirming our acceptance of your order. If the details in the mail confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at firstname.lastname@example.org where we accept your order, we have a legal duty to supply goods that conform with these Terms and Conditions.
PRICE AND DELIVERY COSTS
The information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
If we are unable to contact you or you do not want to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
They will be notified to you separately before you submit your order and will be confirmed to you by email.
You may not use AOFIT logo or other proprietary graphics of AOFIT to link to this site without the express written permission from us. Further, you may not frame any AOFIT trademark, logo or other proprietary information, including our content, without AOFIT’s express written consent.
AOFIT makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the site, or websites linking to the site. Such sites are not under the control of AOFIT, and AOFIT is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AOFIT provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by AOFIT of any site or any information contained therein. You agree that we shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You agree to defend, indemnify and hold harmless AOFIT, its subsidiaries, affiliates, licenses, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the site, your conduct, your use or inability to use the site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the AOFIT cine Content, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. AOFIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, AOFIT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND THE PLATFORM’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY THAT IS PROVIDED SEPARATELY BY A PRODUCT MANUFACTURER OR SUPPLIER.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF THE PLATFORM OR THE INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR ANY USER CREATED CONTENT, EVEN IF HIBBETT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE PLATFORM.
NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.
You acknowledge and agree that this agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of law’s provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York.
By accepting these terms, you represent that you are or above the age of 18 years and that, in of age bracket less than 18 years require the consent of legal or parental guidance to agree on the agreement on your behalf.
CHANGES IN TERMS OF SERVICE
For more information about our privacy policies, or in any case that you have questions to ask us, or in a situation that you might want to make any complaint about our service, please contact us by email@example.com.